2002R12- EVELYN K. RIPPS
RESOLUTION NO. tl c2 -If -loL
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
APPROVING A STATEMENT AND PETITION IN
CONDEMNATION RELATING TO EVELYN K. RlPPS
WHEREAS, the City of Schertz, Texas (the "City") has previously found and
determined that public welfare and convenience requires the construction of a water and
sewer line in Guadalupe County, Texas; and
WHEREAS, in connection therewith, the City hereby finds and determines that
public convenience and necessity require and that it is necessary and in the public interest
for the City to enter upon, appropriate, take, acquire, hold and enjoy, by purchase or
condemnation, permanent easements and temporary construction easements upon a tract
of land in Guadalupe County, Texas, more particularly described in the Statement and
Petition in Condemnation attached hereto as Exhibit A, which is incorporated herein (the
"Statement and Petition").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS AS FOLLOWS:
Section 1. Public convenience and necessity require and it is necessary and in the public
interest that the City, through one or more of its duly authorized officers, agents,
employees, and/or attorneys, acquire, hold and enjoy, by purchase or condemnation,
permanent easements and temporary construction easements upon a tract of land in
Guadalupe County, Texas, as more particularly described in the Statement and Petition;
and
Section 2. The terms and provisions of the Statement and Petition are hereby adopted
and approved, and are necessary and essential for the public purpose and use of the
establishment, location, construction and maintenance of a sewer and water line, in
Guadalupe County, Texas; and
Section 3. As negotiations to acquire the easements described in the Statement and
Petition have been unsuccessful, and in the event such negotiations continue to be
unsuccessful, the officers, agents employees and/or attorneys of the City be, and each
individually is authorized in the name and for and on behalf of the City to institute
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and file or cause to be filed and instituted condemnation proceedings to acquire for the
City said permanent easements and temporary construction easements for the public
purposes and use by the City as set forth herein and in the Statement and Petition, and are
further authorized to take any and all action they deem necessary or desirable, to
effectuate the purpose and intent of the foregoing Resolution.
PASSED, APPROVED AND ADOPTED this the /r;!,v day of September, 2002.
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Mayor, City of Schertz, Texas
ATTEST:
(SEAL OF CITY)
FROM :
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CITY OF SCHERTZ
FRX NO. 2106585281
Sep. 13 2002 03:41PM P7
August 12, 2002
proJ. No. 1121.44
RIPPS PROPERTY
16' Sanitary Sewer Easement description for a 16' Sanitary Sewer Easem nt
out of the John Saladin Survey No. 404, Abstract No. 299, Guadalupe Co nty,
Texas, and being 0.722 acre tract out of1hat certain 160.00 acre tract of I nd
oonveyed by Hilda Kreusler Geoche, at al to Evelyn Kramme Rlpps as
recorded in volume 262, page 168 of the Deed Records of Guadalupe Co nty,
Texas:
Beginning at a point nn the westerly line of a 78:7 acre tract as conveyed t
Caroline Voigt recorded In volum~ 854, page 718 of the Deed Records of
Guadalupe County, Texas, said point being 5'30043' 01" E, 20 feet from t e
south east corner of William Dean III 36.777 aore tract as recorded in volu e
654. page 770 of the Deed Recorda of Guadalupe County, Texas.
fhonoo. with the westerly line of said 76.7 acra tract, u~illg till':' easterly lin
said 160.00 acre tract, S 300 43' 01" E, 16.73 festte a point for the southe
corner of the survey.
Thence leaving said easterly property line of referenced 160 acre tract as
follows:
S 420 13' 5511 W, 609.25 feet thence, S 64" 39' 44" W, 1357.22' feet to a pint
of intercaption of the easterly line of a 25 foot sanitary sewer easement as
recorded II' volume 704,page 1291 of the Deed Records of Guadalupe Co nty,
Texas; .
Thenqewlth the easterly IIn~ of said 25 foot sanitary sewer easement N 2 "10'
09" W, 16.02 feet to a point for the northwest corner of this easement; ,
Thence N 64039' 44" E, 1353.16 feet; Thence N 420 13' 55" E, 610,99 fee to
th~ ""jnt of be'glnnlnQ, contAlnlna 0 722 ~el'~c of land. Al!)o IIH~luJt,;cJ t!tlr.ir is a
2G,' Tempur'c:1.I y C0r15truction Easement parallel and adjacent to the south
boundary line of the herein described 16' San,itary Sewer Easement.
Bearing reference is NAD 1983, Texas State Plane Coordlnatos.
Corresponding exhibit prepared,
1121.44.110701.doc
14a
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EXHIBIT
A
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FROM
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CITY OF SCHERTZ FRX NO.
1123.71- ] 6) Wafel' Line Easf'Jt1ent
2106585281
Sep. 13 2002 03:41PM P8
Pflgt
Dale: April 9, 2002-
PrClj eel': 1123, 7l
Parcel No.: 003
FIEL.DNOTES DESCRIBING A 1.23 ACRES (53,559 SQ.FT.) 16' "'A TER L1NE
EASEMENT .
Field note5 describing l\. 1.23 acre water line easement out of a 160.00 a,cre tract cODvtved
to Evelyn Kranune Rjpps, recorded in Volume 262, Page 168, Deed Records, Gua.~alup"
County, Te)Qls, situated in the John Saladin Survey No. 404, Absrract 299 in Gua~all.lpe
C()unty, Texas;
BEGn~Q ar a W' rebar witll a yellow j)!astic cap stamped "Ford Eng., Inc." sbt for
the northwest comer of this easement in the east right-of-way line of PM 3009, sjthated
for reference S 30Q 06' 43" .E. 557.06 feet and S 300 00' 26" E, 1527.28 feet ~om a
TXDOT right-of-way disk found for the cutback return at the southea.st comer 11f th~
intersection ofrB 35 Ilnd PM 3009; .
THENCE N 53" 14' 14'1 E, 141.09 feet into the 160.00 acre tract to a y~" rebar \~~th a
.. yeHow pl.ast.Jc cap stamped "Ford Eng., Inc." set for an interior comer of this easememL
" ." .
THENCE v;.ith a CUlve t() the left, having a radius of 777.00 feet and IU1 arc length of
:!77.36 feet (chord N 43000'40" E, 275.89 feet) to a If.t rebar whh a yello-.:v plastit Clip
stamped "Ford Eng., Inc," set for an interior come.r of this easemem; .
THENCE N 32047' 05" E, 204.83 feet to a \12" rebar with a yellow plaStic cap statnpecJ
"F ord Eng.) Inc;:. '> set for an interior comer of this easement;
THENCE \Vith a curve to the riSh( having a radius of 723.00 feet Rnd an arc len~th of
255.41 feet (chord N 42054'17" E, 2S4.08 feet) to a H" rebar with a yellow plastic cap
stamped "'ford'Eng.,.lnc." set for an interior comer of this easement~
,.
1HENCE N 53" OJ' 29" E, 2468.72 feet to a W' l'ebar with a y~.lIow plastic, cap sta~1ped
"Ford Engineering Inc," set in the west line, of a 100 acre tract recorded in Volume 1001.
Page 566, Deed Records, Guadalupe County, Ttocas and the e-.a-st line of the, 160 00, acre
tract for the northea$t corner of this easemen.t;
Tli.ENCE S 3(1) 20' 33" E, 16.11 feet along the west line of the 100 acre tract an.d the
e.as[ line of the 160.00 acre tract to 8 W' rebar with II yellow plastic cap starnpe.d '[ford
E.ug" mel' seC for the southeast corner ofthis easement, situated for reterence N 3(Jf) 20'
33'~ W, 1161.74 feet from IS 1,r;"rebar found for the southea.st corner of the 160(J(J'~(:re
tracl;
FORD eNGINEERING INC,
ENGINEEf<lNG PLANNlNG DEVELOPMENT
Ill~~27 \VYE DRIVE, SU1TE 1O<.l, SAN ANTONIo, TEXAS 7821.7, : }(i. 59(1..1 177
14a
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FROM
CITY OF SCHERTZ FRX NO.
! U.::l, I J -1 b' Water Line Easement
2106585281
Sep. 13 2002 03:42PM pg
l:i~ge 2
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T.HENCE S j~(J 01' 19') W, 2(166,85 feef into the J60.00 acre tract to a W' rebnr fvith a
?eUow plasTic cap stamped '1' ord Engineering Inc," set for an ulterior corner qf this
ea.semenc :
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THENCE v.r.ith a curve to the left, having a radius of 707.00 fee.t and an arc lentth o~
249.75 feet (chord S 42054'17" W, 248.46 feet) tel a l/~" rabat with a ve!Jow plastIc cap
sr,amped "Ford Eug, Inc,') set for an interior corner oftbis easemf.nt; I
l1{ENCE S 32:' 47' 05" W, 204.83 feet to a ~I:J" rebar with a yellow plastic cap st~l)ped
"Ford Eng" Inc:." set for an interior celmer of this e./iSenlent; ~
,
T.HENCE v.ith a curve to the right, havill.g a radius of 793.00 feet and an arc Jen~lh of
283.07 feet (chord S 43~OO'40" W, 281.57 feet) to a WI rebar with a yellow plalnf cap
stamped ''Ford Eug" Inc:) set for an interior corner of this easement; . ;
:" il1ffiNCE S 53. 14' l~" W. 1~2.99 foet [0 a v," robar with. yellow pl~lic cap ,ttred
. '. '."~'r ord Eng., Inc." set ill the northeast right-of-way line of FM 3009 for the south o:orner
. ...l'ofrhis easement situated for reference N 30000' 26" W. 513.92 feet from t1 railroad Ispike
'. " f~und for the cutback return at the north corner of the intersection of Crest Oak Rn~ FM
3009;
Tf-.illNCE N 300 00' 26'; W, 16.11 teet along the northeast right-of-way lint.' of FM)J009
to the PO~r OF BBGJNNlNO and comailling 1.23 acres of land a.ccording to fJ stlIY~y
made by Ford Engineering, Inc. under my supervision, Also included herein is a 20lFOOt
Temporary Construction Easement parallel and adjacent to the south bounda,)' line ~f the
herein described 16 Foot Water Line Easement. '
BeaJ'ing reference is NAD 1983, Texas State Plane Coordinates
Cmresponding plat prepared
112371POt)3FN.dol.~
lAd J11iJJ
Fred L, McMchael ,
Registered Professional Land Surv~~(;l1'
No. 36&2 i
FORD ENGrI\'EERING INC,
ENOINEERING PLANNiNG OfVELOPMENT
Iun7 \'-'YE DRIVE, 8Ul1'E 104. SA.N ANTONIO, TI:XAS 78217. 210.~90~7'1"I
.. . - .. .. .. .. ... - .. - .. .. . .. .. - ., .. . .. ~ <II <I' ., ., ~ .' .. .. ... . .. .. .. ... .. _ .'", .I .r J .I ~ ;; .,' ",- .; ~ : ;[ .1 : ';' .;' .. ...- .; .7 . : .... : : _.. : ~ :" : .: .: ..- _. : ~' _- _. .- .' ~. ~- .' 7 .. .. .. .. .. . ."
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FROM CITY OF SCHERTZ
FAX NO.
2106585281
Sep. 13 2002 03:40PM P4
CAUSE NO.
--""'-"'...-
CITY OF SCIJERTZ, TEXAS
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._TH JUDICIAL DISTRICT
IN THE DISTRICT COURT
VS.
EVEL YN KRAMME RIPPS
GUADALUPE COUNTY, TEXAS
STATEMENT AND PETITION IN CONDEMNATION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the City of Schertz, Texas, hereinafter referrt::d to as "Plainti ff,>> complai ning
of Evelyn Kramme Ripps, hereinafter referred to as "Defendant," and would respectfully show as
follows:
1.
Plaintiff is a Home Rule City, with authority to exercise the power of eminent domain as set
out in Section 251.00] of the Texas Local Government Codt::. Defendant is a property Owner in
Guadalupe County, Texas. Defendant may be served with process at Rt. 1, Box 226, Converse,
Texas 78109-9793.
II.
Plaintiffis engaged in the ostablishment, location. construction, and maintenance ofa water
line and a sewer line in Guadalupe County. In accordance with the laws and statutes ofthls State,
including Section 251.001 of the Texas Local Government Code, PlaintilT is duly vested with and
has thu right and power of Qminclll domain and is empowered to enter upon and condemn the land
and property of uny person or cOlvoration necessary for the location, construction, and maintenance
of a water line and a sewer line, and for any other municipal purpose the govoming body of the
1t301SS3015vl'O::
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EXHIBIT
A
FROM CITY OF SCHERTZ
FRX NO.
2106585281
Sep. 13 2002 03:40PM P5
Plaintiff consider advisable. By reason thereof, Plaintiff is a1Iected with a public interest and use
under the statutes and laws ofthe State of Texas.
Ill.
Plaintiff is now engaged in the location and c<.mstrucLion of a water lirw and sewer line in
Guadalupe County, Texas. In connection with the water line and sewer line in Guadalupe County,
Plaintiffhas heretofore found and detennined that public convenience and nl::cessity requi re and that
it is necessary and in the public interest for the PlailltilT to take and acquire by condemnation
pennanent easements and temporary construction easements on a tract ofland (hereinafter called the
"Property"). The Property shall be Llsed and occupied by Plaintiff for the purpose of establishing,
locating, constructing, and maintaining a water line and a sewer line. The description of the Property
is contained in Exhibit "Au attached hereto and made a part hereof1or all purposes.
IV.
The owner or owners 01: or the pellple or entities owning, holding, or claiming an interest
in, the Property described in Bxhibit "A" attached hereto, as far as is known to Plaintiff, is the
Defendant herein. However, should it be disclosed or discovered that other parties own or claim
some interest in the said lands, then Plaintiff reserves the right to amend and include and make such
persons parties to this condemnation suit.
v.
Plainti ff specifically alleges that it cannot agree and has failed to agree with Defendant on
the value of the Property, the improvements located thereon, and the damages, if any, to tho
remainder land owned by Defendant, although Plaintiff has heretofore in good faith attempted to
reach such agreemenl with the Defendant, und has made the Defendant [,lir offers for the same. Such
offers have heen refused and any further attempt by Plninti1T to :J.gree with Defendant would be
fI301:;S3.15v\<
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FROM CITY OF SCHERTZ
FAX NO. 2106585281
Sep. 13 2002 03:41PM P6
fUli Ie, and Plaintiff has 110 recourse bulla seck condemnation of the Property, for the above stated
public purpose and use.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that three disintere;:sted
freeholders be appointed as Special Commissioners to assess the damages of Defendant as required
by law and to tile their written decision and award, all as provided by law, to the end that Plaintiff
shall have a final judgment and decree of condemnation vesting in PJaintiffthe Property for writ of
possession and any other process necessary to enforce the condemnation award and judgment, foJ'
costs of suit, for pn:J-judgment and post-judgment interest, and for such other and further rolief,
general and special, at law and in equity, to which Plaintiff may show itselfjuslly entitled.
Respectfully submitted,
FULBRIGHT & JAWORSKI L.LP.
By:
Jeffrey L. Bryan
State Bar No. 00796266
300 Convent Street, Suite 2200
San Antonio, Tex~ls 78205
Telephone: (210) 270-7 15 I
Facsimile: (210) 270-7205
Attorney for t:he City of Schertz
#301:'i534Svl<=
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